Biden administration steps up website accessibility enforcement

The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to concerns that the companies’ COVID-19 vaccine registration websites weren’t accessible to individuals with vision impairments and other disabilities. The DOJ also recently completed a settlement with the Champaign-Urbana Mass Transit District (MTD) over the same issues. The agreements signal an increase in agency enforcement efforts around website accessibility, following almost no activity in the area during the Trump administration. As a result, you should make digital accessibility a top priority for the rest of 2022.

How DOJ’s power over website accessibility evolved

The settlement agreements were the result of compliance reviews conducted by the DOJ in the course of enforcing Titles II and III of the Americans with Disabilities Act (ADA). Title II covers state and local governmental entities, and Title III primarily applies to public accommodations, including hotels, restaurants, theaters, grocery stores, clothing stores, shopping centers, banks, hospitals, private schools and universities, and other physical places generally open to the public.

The DOJ has the authority to enforce Titles II and III through regulatory investigations and enforcement actions. Neither the ADA nor its implementing regulations expressly address websites or other online platforms. Nevertheless, the department’s long-stated position is that the Act applies to websites of state and local governments (under Title II) and public accommodations (under Title III).